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Raid reveals underage workers

Ex-supervisors say poultry plants often hired young laborers

- The Charlotte Observer

Published: Sun, Nov. 09, 2008 12:30AM

Modified Mon, Nov. 10, 2008 04:35AM

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GREENVILLE, S.C. -- First of two parts

Four months after turning 15, Lucero Gayton began work on the night shift at a House of Raeford Farms chicken plant.

Starting at 11 p.m., when most girls her age were asleep, the shy teenager with the brown eyes was working 10-hour shifts at the Greenville plant, wielding a sharp knife, cutting muscles from thousands of freshly killed chickens.

EMPLOYMENT REGULATIONS

State and federal laws specify the ages at which youths may tackle various kinds of jobs. Some of the key provisions:

NON-AGRICULTURAL WORK

* Youths under 18 may not perform work deemed hazardous by federal rules, including most jobs in meatpacking, logging and roofing. Children under 18 aren't allowed to operate many power tools.

* At 16, youths may work any jobs not designated as hazardous by federal or state laws.

* At 14, children may work in certain retail, food service and gasoline service jobs.

* Children are allowed to baby-sit, deliver newspapers, act or perform at any age.

LIMITS ON WORK HOURS

* Children may not work during school hours.

* 14- and 15-year-olds may not work more than three hours on a school day, or more than 18 hours in a school week. They also may not work more than eight hours on a nonschool day, or more than 40 hours in a nonschool week. In addition, they're not allowed to work before 7 a.m. or after 7 p.m., except in the summer, when they may work until 9 p.m.

AGRICULTURAL WORK

* Youths under 16 may not perform work deemed hazardous by federal rules. Among the prohibited jobs: using power-driven farm machinery or working from scaffolds or ladders more than 20 feet in the air.

* At 14, children may perform any agricultural job not deemed hazardous.

* Children ages 12 and 13 who work on the same farm as their parents may perform nonhazardous agricultural work.

* Children under 12 may work on small farms as long as their parents approve.

* Child labor laws don't apply to children working on farms owned or operated by their families.

U.S. DEPARTMENT OF LABOR

STATEMENT FROM HOUSE OF RAEFORD FARMS

"We are cooperating fully with State and Federal authorities. Furthermore, we have completed external audits of our records, provided additional training for our human resources staff, and brought in outside experts to review our procedures in order to continually improve the process.

"... It is important to understand that the Company has no reason or incentive to violate the law by hiring underage workers. The Company pays its workers in accordance with negotiated Union rates or uniform plant rates specific to the job they perform. The Company cannot avoid payment of these wages to any individual employee. Furthermore, there is certainly no incentive to hire workers who are not physically able to perform the work required. Each new employee is required to complete an I-9 form to document eligibility to work in the U.S. Federal laws require the Company to accept these documents that appear to be valid, and applicable law requires the Company to be sensitive to nondiscrimination laws."

"I was scared that I'd cut my finger off," she said. "I did cut myself a few times."

Lucero lost her job last month in the largest immigration raid ever conducted in the Carolinas. She was one of six underage workers, ages 15 and 16, found among the 331 workers arrested at the plant.

Underage workers are a familiar sight on House of Raeford production lines, and not only in Greenville.

More than 20 current and former workers at three House of Raeford plants -- in Greenville, West Columbia, S.C., and Raeford told The Charlotte Observer that the poultry company frequently hired underage workers.

Six current and former supervisors said managers allowed the hiring in order to find cheap, compliant labor.

Because of the hazards, federal and state labor laws prohibit anyone under 18 from working on a poultry processing line.

Former supervisor Eric Lawson said that after he started at the company's West Columbia plant last year, a plant manager told him: "Most of [the workers] are illegal or underage. So they won't question anything."

Lawson was forced out of his job in April after arguments with his supervisors, he said.

In a February series on working conditions in the poultry industry, the Observer reported that House of Raeford had been cited for 130 workplace safety violations since 2000, among the most of any U.S. poultry company.

The Raeford-based company is one of the nation's top chicken and turkey producers, with about 6,000 employees and eight processing plants in the Carolinas and Louisiana.

After last month's raid, the U.S. Department of Labor launched an investigation into possible child labor violations.

Miguel Pascal, who got a job at House of Raeford's West Columbia plant when he was 15, described it as a perilous environment but an easy place to find work.

"Nobody asked me how old I was," he said.

In a written response Friday, House of Raeford said it follows the law. Every applicant must present identification showing they are 18 years of age or older. The company said it is required to accept documents that appear to be legitimate and prohibited from requesting additional documentation.

"Unfortunately, the documentation the employees present is not always genuine, or accurate, even if it appears to be," the company said. "Also, as we all know, not everyone tells the truth all the time."

Work in the U.S.

Lucero's father never wanted her to come to the United States. At least not until she was 18.

When Lucero called him from her mother's home in Oaxaca, Mexico, several months before making the trip across the desert, Tranquilino Gayton remembers telling her she wasn't allowed to come. He already lived in Greenville and periodically sent money home.

"You're too young," he said. "The trip is dangerous. Stay in school. You need to study."

But Lucero was determined to accompany her older sister, who had already received their father's permission. She knew of her family's financial problems. Her mother would sometimes cry when there wasn't enough money for food or medicine. Lucero wanted to help.

Lucero and her father argued for three weeks. She even threatened to move to another city if her father didn't welcome her in Greenville.

Franco Ordoñez: 704-358-6180

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